APHC010139172024 IN THE HIGH COURT OF ANDHRA PRADESH [3333]

AT AMARAVATI (Special Original Jurisdiction)

MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15619/2020 Between:

1. B .Y.K. DHARMARAJU,, S/O B.Y.K. HANUMANTHAPPA, SHOP NO.1326037, 54 YEARS, OCC FAIR PRICE SHOP DEALER, MULUGUNDAM VILLAGE, ASPARI MANDAL, KURNOOL DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.

2. T HE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT.

3. T HE COLLECTOR CS, KURNOOL, KURNOOL DISTRICT.

4. T HE TAHSILDAR, ASPARI MANDAL, KURNOOL DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue, a writ of Mandamus, declaring the proceedings in Rc.CS3/264/2019 dated 13.02.2020 issued by the respondent No.3 in cancelling the Fair Price Shop Authorization of the petitioner in Shop No.1326037, Mulugundam Village, Aspari Mandal, Kurnool District, which was confirmed by the 2nd respondent in his proceedings Appeal Petition No.CS3/114/2020 dated 03.07.2020 as illegal, improper, unjust arbitrary, colorable exercise of power, without conducting the enquiry and contrary to the provisions of the Andhra Pradesh State Targeted Public Distribution System Control Order, 2018 and also the well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay the proceedings Appeal Petition No.CS3/114/2020 dated 03.07.2020, Rc.CS3/264/2019 dated 13.02.2020 issued by the respondent Nos. 2 and 3 respectively duly permitting the petitioner to run the Fair Price Shop No.1326037, Mulugundam Village, Aspari Mandal, Kurnool District, pending disposal of the writ petition and pass Counsel for the Petitioner:

1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR CIVIL SUPPLIES The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 7349/2024 Between:

1. B Y K DHARMARAJU, S/O B.Y.K. HANUMANTHAPPA, SHOP NO. 1326037, 55 YEARS, OCC FAIR PRICE SHOP DEALER, MULUGUNDAM VILLAGE, ASPARI MANDAL.

KURNOOL DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.

2. T HE COLLECTOR AND DISTRICT MAGISTRATE, KURNOOL, KURNOOL DISTRICT.

3. T HE DISTRICT COLLECTOR, (CS), KURNOOL, KURNOOL DISTRICT.

4. T HE REVENUE DIVISIONAL OFFICER, PATTIKONDA, KURNOOL DISTRICT.

5. T HE TAHSILDAR, , ASPARI MANDAL, KURNOOL DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue, a writ of Mandamus, declaring the action of the 4TH respondent in passing orders in proceedings Rc.M.1166/2023 dated 15.03.2024, directing the 5TH respondent not to issue commodities to petitioner Fair Price Shop No.1326037, Mulugundam Village, Aspari Mandal, Kurnool District as illegal, improper, unjust, arbitrary and violative of Articles 14, 19 (1) (g) of the Constitution of India and consequently direct the and 21 respondents to supply the Essential Commodities to the petitioner Fair Price Shop and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to stay the proceedings Rc.M.1166/2023 dated 15.03.2024 issued by the 4 respondent duly directing the responde